Terms of service.
Last Updated: July 2nd, 2024
These Beseated Terms of Use (this “Agreement”) apply to your consumer use of (1) the Beseated Site at https://www.Beseated.io and all affiliated websites owned and operated solely by Beseated (collectively, the “Beseated Site”), (2) the venue booking services made available by Beseated through the Beseated Site, any Beseated-branded application for your mobile or another device (collectively, the “Beseated Application”), and any other online properties of Beseated or third parties, as described in Part I below (the “Booking Services”), (3) payment services made available by Beseated through the Beseated Application as described in Part II below (the “Payment Services”), (4) any Beseated Application, and (5) any other services or features made available by Beseated through the Beseated Site or any Beseated Application. Together, the items in (1) through (6) are the “Services”.
In this Agreement, “Beseated” and “we” mean Beseated, a product and service operated under Beseated Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates Beseateds’ standard policies, procedures, and terms and conditions for using the Services referenced by name or links in this Agreement (collectively, the “Beseated Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Beseated loyalty coins (as defined below)). This agreement contains, among other things, an arbitration provision containing a class action waiver.
Beseated may occasionally update or revise this Agreement (including any Beseated policies). You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Beseated, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
Part I - Booking Services
1. Venue Booking
Beseated provides the Booking Services to User to assist User in securing dining bookings at participating third-party venues (each, a “Venue”). In response to a User’s online request for a Venue booking through the Beseated Site or Beseated Application, Beseated directly contacts the Venue’s computerized database of bookings. The availability of bookings is determined at the time of the User’s query. Once the User makes a booking through the Beseated Site or Beseated Application, Beseated will provide the booking confirmation to the User by a message in-App. By using the Booking Services, User agrees to receive booking confirmations by a message in-App after booking through the Booking Services.
2. No-Show Policy
Beseated is committed to providing superior quality services to Users and Venues. To assist us in maintaining a consistently high level of service for the Venues and their patrons, Users must cancel Luxury provider bookings that they cannot honor as per the Venue or luxury provider cancellation policy of the booking. You may cancel your booking via the Beseated Site or Beseated Application. Some Venues or Service Providers may require a debit or credit card number to finalize your booking. In order to use the Booking Services for these Venues or Service Providers, you must provide valid debit or credit card information, and you may be required to cancel your booking in accordance with the Venue’s and Service Provider’s cancellation policy, which will be disclosed at the time the booking is made. Beseated uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your booking in accordance with a Venue’s or Service Provider’s cancellation policy.
If you are unable to keep your booking and you fail to do as per the Venue or luxury provider cancellation policy in advance, Beseated will send you an email letting you know that our records indicate that you were a no-show. By using the Booking Services, User agrees to receive no-show notifications by email or in-app after a report that your booking was not honoured, whether or not that was,, in fact,, the case. You will lose your deposit if you are a no-show and could be blacklisted to reserve that venue for an indefinite period after the repetitive occurrence of a no-show. If you receive a no-show notification email in error, please click here for information on how to dispute it. User agrees that all final no-show determinations will be made by Beseated at its sole discretion.
3. Beseated Loyalty Rewards
Users will accumulate points when bookings to services are paid in full directly on the Beseated platform. Users will accumulate points when bookings are paid in full (including the deposit paid on the Beseated Application or Site). Participation is subject to the Beseated Rewards System Terms and Conditions.
4. Usage Guidelines
User agrees to use the Booking Services only to book bookings at Venues and then honor those bookings by arriving at the Venues on time and ordering and paying for the bill. Resale or attempted resale of bookings is prohibited and is grounds for, among other things, cancellation of your bookings or termination of your access to the Services.
Part II – Payment Services
5. General Description and Requirements
We accept payments online using Visa and MasterCard credit/debit cards. The Payment Services allow Users to pay in full for service providers and pay deposits at participating Venues through the Beseated Platform (Application or Site) using Stripe as the payment service provider. To use the Payment Services at a participating Venue, you must: (1) install the Beseated Application or Site on a compatible mobile device or use the Beseated Site; (2) make a booking for the Luxury provider through the Booking Services; (3) provide valid payment card information through the Beseated Application or Site as further described below; (4) provide and verify your mobile phone number as further described below; and (5) have an Account in good standing. The Payment Services may not be available for all Venues and Service Providers; for a list of participating Venues and Service Providers, please visit the Beseated Application or Site. Depending on the luxury being booked, a service fee will be charged for using the Booking Services. Additionally, your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with using the Payment Services and Beseated Application or Site.
6. Payment Card Information
To use the Payment Services, you must provide account information for at least one valid debit or credit card through the Beseated Application or Site. Beseated uses this debit or credit card account information as described in our Privacy Policy. If you provide account information for a debit or credit card via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by that third party. Beseated takes no responsibility and assumes no liability for any actions or omissions of such third parties.
You may add, delete, and edit the debit or credit card account information you have provided directly through the Beseated Application or Site. If you provide information for more than one valid debit or credit card, you must select which card you want to use to pay your Venue bill. To confirm the accuracy of the payment card information you provided, we may place a temporary $1.00 authorization hold on your debit or credit card. This hold will be removed within a few days after verification. In no event will your payment card be legitimately charged for this $1.00 authorization.
To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers, including Stripe, to process payments, manage debit and credit card information, and detect and prevent fraud.
By providing debit or credit card account information through or to the Beseated Application or Site, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Beseated Application or Site, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
7. Verified Email Address
To use the Payment Services, you must provide a valid email address through the Beseated Application or Site and verify it as instructed. We will send a verification link to your email address, which you must follow. If you change your email address, you must promptly provide and verify the new one. By providing your email address, you consent to receive emails related to the Payment Services at that address.
8. Account Settings
You can establish default settings for using the Payment Services, such as your preferred payment card, through the Beseated Application or Site. You may change these settings anytime.
9. Payment Authorization and Settlement
When you make a payment for our products or services on our website, your payment details will be securely transmitted to our payment provider, Stripe. After booking with a participating Service Provider, you can indicate through the Beseated Application or Site that you intend to pay your deposit or full amount using the Payment Services. By doing so, you authorize the Venue to charge your debit or credit card for the full amount, including any adjustments. Partial payments are not permitted. This Agreement does not alter your payment obligations to Venues or Service Providers. You are responsible for timely payments of all amounts owed to any Luxury provider. Depending on your payment method, certain minimum charges may apply. Beseated is not liable for payments authorized through the Beseated Application using your payment card information.
10. Receipts and Transaction History
The cardholder must retain a copy of transaction records and Merchant policies and rules. The Payment Portal will email a receipt to the email address associated with your Account upon completing a transaction using the Payment Services. You may print and save these receipts. If you would like a paper receipt, request one from the Luxury provider at the time of the transaction.
11. Certain Limitations
Beseated provides the Payment Services as a convenience and is not a party to your payment transactions. Beseated is an independent contractor, not your agent or trustee. Beseated is not responsible for the products or services paid for with the Payment Services and is not liable for overcharges or other payment disputes with Venues or Service Providers. Users must resolve payment disputes directly with Venues or Service Providers.
Beseated is not liable for any payments that the Payment Services do not complete because of insufficient funds, incorrect payment information, expired cards, or circumstances beyond our control (e.g., power outages, interruptions of cellular service). If any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are responsible for paying the applicable Luxury Provider(s) by other means.
12. Refund Policy
Beseated ensures satisfaction with bookings. Users must accept and agree to the relevant cancellation and no-show policy of the Luxury Provider(s) and any terms and conditions that apply to your booking. In cases where a deposit is required, bookings must be canceled 24 hours prior to the booking, unless specified otherwise by the Luxury provider. Refunds will be processed only through the original payment method. Note that packages are not eligible for cancellation or change. Review the details thoroughly before booking. If you wish to review, adjust, or cancel your booking, follow the instructions in the confirmation email. Cancellation charges may apply according to the Luxury provider's policy.
Part III – Loyalty Coins
13. Redemption of Beseated Loyalty Coins
Beseated loyalty coins can only be redeemed through the Beseated Application and Site for discounts on bookings with Luxury Providers. Users can use their loyalty coins to pay partially or in full. Coins must be redeemed for an equal value booking; no partial redemptions are allowed. Upon redemption, your account balance will be updated. Coins are redeemable only in the currency they were earned. They cannot be converted to cash, resold, or transferred.
Part IV – Terms for All Services
14. Privacy Policy
Beseated is committed to safeguarding your privacy online. Please review our privacy policy for details on how we collect, use, and disclose information in connection with the Services.
15. Account Creation and Maintenance
To use the Booking Services or redeem Beseated loyalty coins, you must create an account on the Beseated Site or Application. Accurate, current, and complete registration data must be provided, and updated as necessary. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. Notify Beseated immediately of any unauthorized account use or security breaches.
16. Communications from Beseated
The Beseated Application may use GPS to identify your location. By providing your mobile phone number, you consent to receive SMS texts regarding the Services. Communication standards include SMS, GPS, and web-based browser technology. To use SMS-based Services, maintain an active account with a carrier.
17. Technical Requirements
Using the Services requires Internet access through your computer or mobile device. You are responsible for all carrier charges. Beseated does not guarantee compatibility with all devices or carriers. JavaScript may be required to use certain features of the Beseated Site.
18. Modifications to Services
Beseated reserves the right to modify the Services at any time without notice. If you object to any changes, your sole recourse is to stop using the Services. Continued use indicates acceptance of changes.
19. Intellectual Property Rights and Grant of Rights to User
The Services and all content provided through the Services are protected by intellectual property laws. Beseated grants you a non-exclusive, non-transferable, revocable license to use the Beseated Application solely to support your permitted use of the Services. No other license is granted.
20. Application License
Beseated grants you a non-exclusive, non-transferable, revocable license to use the Beseated Application on compatible mobile devices to support your permitted use of the Services.
21. Use Restrictions
Minors under 18 are prohibited from registering or using the Services. The Services and content are for personal use only. Unauthorized use, including scraping, copying, or reselling content, is prohibited. Beseated reserves the right to refuse service, terminate accounts, or deny access.
22. Delivery/Shipment Policy
Beseated will not provide services or products to OFAC-sanctioned countries in accordance with UAE law. Multiple transactions may result in multiple postings to the cardholder’s statement.
23. Termination
Beseated may suspend or terminate your access to the Services at any time without notice for violations of this Agreement or other reasons. Termination may result in the loss of accumulated loyalty coins and access to your account. You may discontinue use at any time, but Beseated is not liable for content deletion after account termination.
24. Reviews, Comments, Communications, and Other Content
User submissions must not be illegal, threatening, obscene, defamatory, or otherwise objectionable. Beseated reserves the right to monitor and remove inappropriate content. By submitting content, you grant Beseated a perpetual, royalty-free license to use, modify, and distribute the content.
25. Your Representations and Indemnity
You represent that you own or control all rights to the content you submit and that it does not violate any third-party rights. You agree to indemnify Beseated against all claims resulting from content you submit or your use of the Services.
26. Liability Limitations
To the maximum extent permitted by law, Beseated is not liable for any indirect, incidental, or consequential damages arising from the use of the Services. Direct damages are limited to the amount you paid for your most recent booking.
27. Disclaimer of Warranties
The Services and all content are provided "as is" without warranties of any kind. Beseated disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. Beseated does not guarantee uninterrupted or error-free service.
28. Links to Third-Party Websites
The Services may contain links to third-party websites. Beseated is not responsible for the content or practices of these websites and does not endorse them.
29. Release
You release Beseated from any claims or damages arising from interactions with Service Providers or Venues.
30. Notify Us of Infringers
If you believe your copyright is being infringed, notify us with your signature, identification of the copyrighted work, the infringing item, and your contact information.
31. Severability
If any provision of this Agreement is found invalid, the remaining provisions will remain in full force.
32. Assignment
This Agreement may not be transferred or assigned by you but may be assigned by Beseated.
33. Waiver
A waiver of any provision of this Agreement must be in writing. Delay in enforcement is not a waiver of any rights.
34. Dispute
Any disputes arising out of this Agreement will be governed by the laws of Delaware, USA.
35. Choice of Law
This Agreement shall be governed by the laws of Delaware, USA. Disputes will be resolved by arbitration under the American Arbitration Association rules. The language of the arbitration shall be English.